N.Y. Public Health Law Section 2825
Capital restructuring financing program


1.

A capital restructuring financing program is hereby established under the joint administration of the commissioner and the president of the dormitory authority of the state of New York for the purpose of enhancing the quality, financial viability and efficiency of New York’s health care delivery system by transforming the system into a more rational patient-centered care system that promotes population health and improved well-being for all New Yorkers. The issuance of any bonds or notes hereunder shall further be subject to the approval of the director of the division of the budget, and any projects funded through the issuance of bonds or notes hereunder shall be approved by the New York state public authorities control board, as required under Public Authorities Law § 51 (Powers, functions and duties of the New York state public authorities control board)section fifty-one of the public authorities law.

2.

For the period April first, two thousand fourteen through March thirty-first, two thousand twenty-one, funds made available for expenditure pursuant to this section may be distributed by the commissioner and the president of the authority, in consultation with the commissioners of the office of mental health, office for people with developmental disabilities and office for alcoholism and substance abuse services, as applicable, for:

(a)

capital grants to general hospitals, residential health care facilities, diagnostics and treatment centers, and clinics licensed pursuant to this chapter or the mental hygiene law, assisted living programs, primary care providers, and home care providers certified or licensed pursuant to article 36 (Home Care Services)article thirty-six of this chapter (collectively “applicants”) that qualify for payments under the delivery system reform incentive payment program (DSRIP), in which case funding under this paragraph shall be requested in such applicant’s DSRIP application. Such capital grant projects include, but are not limited to; closures, mergers, restructuring, improvements to infrastructure, development of primary care service capacity, development of telehealth infrastructure, the promotion of integrated delivery systems that strengthen and protect continued access to essential health care services and other transformational projects as determined by the commissioner and the president of the authority.

(b)

capital grants to general hospitals, residential health care facilities, diagnostic and treatment centers, and clinics licensed pursuant to this chapter or the mental hygiene law, assisted living programs, primary care providers, home care providers, certified or licensed pursuant to article 36 (Home Care Services)article thirty-six of this chapter (collectively “applicants”) that are non-qualifying and non-participating applicants under paragraph (a) of this subdivision, for capital non-operational works or purposes that support the purposes set forth in this section. Such capital grant projects include, but are not limited to; closures, mergers, restructuring, improvements to infrastructure, development of primary care service capacity, development of telehealth infrastructure, the promotion of integrated delivery systems that strengthen and protect continued access to essential health care services.

3.

The commissioner and the president of the authority shall enter into an agreement, subject to approval by the director of the budget and subject to Public Authorities Law § 1680-R (Authorization for the issuance of bonds for the capital restructuring financing program, the health care facility transformation programs...)section sixteen hundred eighty-r of the public authorities law, as added by a chapter of the laws of two thousand fourteen, for the purposes of awarding, distributing, and administering the funds made available pursuant to this section. To the extent practicable, funds shall be awarded regionally in proportion to the applications received from the request for application issued by or before May first, two thousand fifteen. Projects awarded under sections twenty-eight hundred twenty-five-a and twenty-eight hundred twenty-five-b of this article shall not be eligible for grants or awards made available under this section.

(a)

For capital grant projects under paragraph (a) of subdivision two of this section, the evaluation of applications shall be submitted pursuant to the process described in paragraph (b) of subdivision twenty of § 2807 (Hospital reimbursement provisions)section twenty-eight hundred seven of this article; provided, however, that such capital grant projects shall not be subject to review by the federal Centers for Medicare and Medicaid services.

(b)

For monies allocated under paragraph (b) of subdivision two of this section:

(i)

the department shall post on its website, for a period of no less than thirty days: (A) the process by which such applications shall be reviewed; (B) the criteria by which such applications shall be judged; and (C) a list of approved and denied applications subsequent to such determination.

(ii)

the evaluation of applications shall be reviewed by the department, pursuant to a process to be determined by the department. Applications shall then be subject to review by the panel established pursuant to paragraph (b) of subdivision twenty of § 2807 (Hospital reimbursement provisions)section twenty-eight hundred seven of this article, which shall submit its recommendations to the commissioner for final determination. Determination of awards for funds allocated under paragraph (b) of subdivision two of this section, shall include, but not be limited to the following criteria: (A) eligibility requirements for applicants; (B) statewide geographic distribution of funds; (C) minimum and maximum amounts of funding to be awarded under the program; (D) the relationship between the project proposed by an applicant and identified community need; (E) the extent to which the applicant has access to alternative financing; (F) the extent to which the proposed project furthers the purposes set forth in this section; (G) the extent that the proposed project furthers the development of primary care; (H) the extent to which the proposed project benefits Medicaid enrollees and uninsured individuals; (I) the extent to which the proposed project addresses potential risk to patient safety and welfare; (J) the extent that the proposed project involves an applicant that receives or has applied for a temporary rate adjustment pursuant to applicable regulations; and (K) the extent to which the proposed project will contribute to the long term sustainability of the applicant. The commissioner shall provide a report on a quarterly basis to the chairs of the senate finance, assembly ways and means, senate health and assembly health committees. Such reports shall be submitted no later than sixty days after the close of the quarter, and shall conform to the reporting requirements of subdivision twenty of § 2807 (Hospital reimbursement provisions)section twenty-eight hundred seven of this article, as applicable.

Source: Section 2825 — Capital restructuring financing program, https://www.­nysenate.­gov/legislation/laws/PBH/2825 (updated Apr. 17, 2015; accessed Jun. 8, 2024).

2800
Declaration of policy and statement of purpose
2801
Definitions
2801‑A
Establishment or incorporation of hospitals
2801‑B
Improper practices in hospital staff appointments and extension of professional privileges prohibited
2801‑C
Injunctions
2801‑D
Private actions by patients of residential health care facilities
2801‑E
Voluntary residential health care facility rightsizing demonstration program
2801‑F
Residential health care facility quality incentive payment program
2801‑G
Community forum on hospital closure
2801‑H
Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies
2802
Approval of construction
2802‑A
Transitional care unit demonstration program
2802‑B
Health equity impact assessments
2803
Commissioner and council
2803‑A
Authority to contract
2803‑AA
Sickle cell disease information distribution
2803‑AA*2
Nursing home infection control competency audit
2803‑B
Uniform reports and accounting systems for hospital costs
2803‑C
Rights of patients in certain medical facilities
2803‑C‑1
Rights of patients in certain medical facilities
2803‑C‑2
Lesbian, gay, bisexual and transgender, and people living with HIV long-term care facility residents’ bill of rights
2803‑D
Reporting abuses of persons receiving care or services in residential health care facilities
2803‑E
Residential health care facilities
2803‑E*2
Reporting incidents of possible professional misconduct
2803‑F
Respite projects
2803‑G
Board of visitors in county owned residential health care facility
2803‑H
Health related facility
2803‑I
General hospital inpatient discharge review program
2803‑J
Information for maternity patients
2803‑J*2
Nursing home nurse aide registry
2803‑K
In-patient nasogastric feeding procedures
2803‑L
Community service plans
2803‑M
Discharge of hospital patients to adult homes
2803‑N
Hospital care for maternity patients
2803‑O
Hospital care for mastectomy, lumpectomy, and lymph node dissection patients
2803‑O‑1
Required protocols for fetal demise
2803‑P
Disclosure of information concerning family violence
2803‑Q
Family councils in residential health care facilities
2803‑R
Dissemination of information about the abandoned infant protection act
2803‑S
Access to product recall information
2803‑T
Preadmission information
2803‑U
Hospital substance use disorder policies and procedures
2803‑V
Lymphedema information distribution
2803‑V*2
Standing orders for newborn care in a hospital
2803‑W
Independent quality monitors for residential health care facilities
2803‑W*2
Disclosure of information concerning pregnancy complications
2803‑X
Requirements related to nursing homes and related assets and operations
2803‑Y
Provision of residency agreement
2803‑Z
Transfer, discharge and voluntary discharge requirements for residential health care facilities
2803‑Z*2
Antimicrobial resistance prevention and education
2804
Units for hospital and health-related affairs
2804‑A
State task force on clinical practice guidelines and medical technology assessment
2805
Approval of hospitals
2805‑A
Disclosure of financial transactions
2805‑B
Admission of patients and emergency treatment of nonadmitted patients
2805‑C
Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upo...
2805‑D
Limitation of medical, dental or podiatric malpractice action based on lack of informed consent
2805‑E
Reports of residential health care facilities
2805‑F
Money deposited or advanced for admittance to nursing homes
2805‑G
Maintenance of records
2805‑H
Immunizations
2805‑I
Treatment of sexual offense victims and maintenance of evidence in a sexual offense
2805‑J
Medical, dental and podiatric malpractice prevention program
2805‑K
Investigations prior to granting or renewing privileges
2805‑L
Adverse event reporting
2805‑M
Confidentiality
2805‑N
Child abuse prevention
2805‑O
Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities
2805‑P
Emergency treatment of rape survivors
2805‑Q
Hospital visitation by domestic partner
2805‑R
Patients unable to verbally communicate
2805‑S
Circulating nurse required
2805‑T
Clinical staffing committees and disclosure of nursing quality indicators
2805‑U
Credentialing and privileging of health care practitioners providing telemedicine services
2805‑V
Observation services
2805‑W
Patient notice of observation services
2805‑X
Hospital-home care-physician collaboration program
2805‑Y
Identification and assessment of human trafficking victims
2805‑Z
Hospital domestic violence policies and procedures
2806
Hospital operating certificates
2806‑A
Temporary operator
2806‑B
Residential health care facilities
2807
Hospital reimbursement provisions
2807‑A
General hospital nineteen hundred eighty-six and nineteen hundred eighty-seven inpatient rates and charges
2807‑AA
Nurse loan repayment program
2807‑B
Outstanding payments and reports due under subdivision eighteen of section twenty-eight hundred seven-c, sections twenty-eight hundred se...
2807‑C
General hospital inpatient reimbursement for annual rate periods beginning on or after January first, nineteen hundred eighty-eight
2807‑D
Hospital assessments
2807‑D‑1
Hospital quality contributions
2807‑DD
Temporary nursing home stability contributions
2807‑E
Uniform bills
2807‑F
Health maintenance organization payment factor
2807‑FF
New York managed care organization provider tax
2807‑I
Service and quality improvement grants
2807‑J
Patient services payments
2807‑K
General hospital indigent care pool
2807‑L
Health care initiatives pool distributions
2807‑M
Distribution of the professional education pools
2807‑N
Palliative care education and training
2807‑O
Early intervention services pool
2807‑P
Comprehensive diagnostic and treatment centers indigent care program
2807‑R
Funding for expansion of cancer services
2807‑S
Professional education pool funding
2807‑T
Assessments on covered lives
2807‑U
Transfers for tax credits
2807‑V
Tobacco control and insurance initiatives pool distributions
2807‑W
High need indigent care adjustment pool
2807‑X
Grants for long term care demonstration projects
2807‑Y
Pool administration
2807‑Z
Review of eligible federally qualified health center capital projects
2808
Residential health care facilities
2808‑A
Liability of certain persons
2808‑B
Certification of financial statements and financial information
2808‑C
Reimbursement of general hospital inpatient services
2808‑D
Nursing home quality improvement demonstration program
2808‑E
Residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonst...
2808‑E*2
Nursing home ratings
2809
Residential health care facilities
2810
Residential health care facilities
2811
Discounts and splitting fees with medical referral services
2812
Construction
2813
Separability
2814
Health networks, global budgeting, and health care demonstrations
2815
Health facility restructuring program
2815‑A
Community health care revolving capital fund
2816
Statewide planning and research cooperative system
2816‑A
Cardiac services information
2817
Community health centers capital program
2818
Health care efficiency and affordability law of New Yorkers (HEAL NY) capital grant program
2819
Hospital acquired infection reporting
2820
Home based primary care for the elderly demonstration project
2821
State electronic health records (EHR) loan program
2822
Residential care off-site facility demonstration project
2823
Supportive housing development program
2824
Central service technicians
2824*2
Surgical technology and surgical technologists
2825
Capital restructuring financing program
2825‑A
Health care facility transformation program: Kings county project
2825‑B
Oneida county health care facility transformation program: Oneida county project
2825‑C
Essential health care provider support program
2825‑D
Health care facility transformation program: statewide
2825‑E
Health care facility transformation program: statewide II
2825‑F
Health care facility transformation program: statewide III
2825‑G
Health care facility transformation program: statewide IV
2825‑H
Health care facility transformation program: statewide V
2825‑I
Healthcare safety net transformation program
2826
Temporary adjustment to reimbursement rates
2827
Plant-based food options
2828
Residential health care facilities
2828*2
Essential support persons allowed for individuals with disabilities during a state of emergency
2829
Nursing homes
2830
Surgical smoke evacuation
2830*2
Regulation of the billing of facility fees

Accessed:
Jun. 8, 2024

Last modified:
Apr. 17, 2015

§ 2825’s source at nysenate​.gov

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